Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court
The Delhi High Court ruled that an employee cannot be denied leave encashment solely because a chargesheet was filed against them. In the case, the petitioner had been suspended and an inquiry was initiated due to alleged misconduct. The Court noted that the employee’s suspension or disciplinary proceedings should not affect their rightful benefits, including leave encashment. The judgment emphasized that unless there is a clear violation of specific terms, employees are entitled to the benefits accrued during their service, irrespective of the pendency of departmental proceedings. The Court rejected the employer's stance that pending disciplinary action could bar the employee’s right to encashment, ensuring that employees are not deprived of legitimate financial dues during such processes.